Revised Code of Washington - RCW Title 68 Cemeteries, Morgues, And Human Remains - Chapter 68.05 Cemetery Board

68.05.010 Definitions
The definitions in chapter 68.04 RCW are applicable to this chapter and govern the meaning of terms used in this chapter, except as otherwise provided.[2005 ...

68.05.020 "Board" defined
The term "board" used in this chapter means the cemetery board.[1953 c 290 § 27.] ...

68.05.024 "Department" defined
"Department" used in this chapter means the department of licensing.[1987 c 331 § 2.] ...

68.05.028 "Director" defined
"Director" used in this chapter means the director of licensing.[1987 c 331 § 3.] ...

68.05.030 "Endowment care," "endowed care" defined
The terms "endowment care" or "endowed care" used in this chapter shall include special care funds and all funds held for or represented as maintenance ...

68.05.040 Cemetery board created -- Appointments -- Terms
A cemetery board is created to consist of five members to be appointed by the governor. Appointments shall be for four-year terms. Each member shall ...

68.05.050 Qualifications of members
Four members of the board shall be persons who have had experience in this state in the active administrative management of a cemetery authority or ...

68.05.060 Compensation and travel expenses
Each member of the board shall be compensated in accordance with RCW 43.03.240 and shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.[1984 ...

68.05.080 Meetings
The board shall meet at least once a year in order to conduct its business. The board may meet at other designated times as determined ...

68.05.090 Administration and enforcement of title
The board shall enforce and administer the provisions of chapters 68.04 through 68.50 RCW, subject to provisions of RCW 68.05.400. The board may adopt and ...

68.05.095 Officers -- Executive secretary
The board shall elect annually a chairman and vice chairman and such other officers as it shall determine from among its members. The director, in ...

68.05.100 Rules
The board may establish necessary rules for the enforcement of this title and the laws subject to its jurisdiction. The board shall prescribe the application ...

68.05.105 Authority of the board
In addition to the authority in RCW 18.235.030, the board has the following authority: (1) To adopt, amend, and rescind rules necessary to carry out ...

68.05.115 Sale or transfer of cemetery authority or creation of a new cemetery -- Penalty for noncompliance
Prior to the sale or transfer of ownership or control of any cemetery authority or the creation of a new cemetery, any person or entity ...

68.05.120 Actions to enforce law -- Attorney general
The board is authorized to bring actions to enforce the provisions of the law subject to its jurisdiction, in which actions it shall be represented ...

68.05.150 Examination of funds -- Powers, duties
In making such examination the board: (1) Shall have free access to the books and records relating to the endowment care funds and prearrangement trust ...

68.05.155 Prearrangement sales license
To enter into prearrangement contracts as defined in RCW 68.46.010, a cemetery authority shall have a valid prearrangement sales license. To apply for a prearrangement ...

68.05.160 Action required when authority fails to deposit minimum endowment amount or comply with prearrangement contract provisions
If any examination made by the board, or any report filed with it, shows that there has not been collected and deposited in the endowment ...

68.05.170 Order requiring reinvestment in compliance with title -- Actions for preservation and protection
(1) Whenever the board finds, after notice and hearing, that any endowment care funds have been invested in violation of this title, it may by ...

68.05.173 Revocation, suspension of certificate or license
Upon violation of any of the provisions of this title, the board may revoke or suspend the certificate of authority or any other license issued ...

68.05.175 Permit or endorsement required for cremation -- Regulation of affiliated and nonaffiliated crematories
A permit or endorsement issued by the cemetery board or under chapter 18.39 RCW is required in order to operate a crematory or conduct a ...

68.05.180 Annual report of authority -- Contents -- Verification
Each cemetery authority in charge of cemetery endowment care funds shall annually, and within ninety days after the end of the calendar or fiscal year ...

68.05.190 Examination of reports
The board shall examine the reports filed with it as to their compliance with the requirements of the law.[1953 c 290 § 41.] ...

68.05.195 Burial or scatter of cremated remains -- Permit
Any person other than persons defined in RCW 68.50.160 who buries or scatters cremated remains by land, air, or sea or performs any other disposition ...

68.05.205 Fees
The director with the consent of the cemetery board shall set all fees for chapters 68.05, 68.20, 68.24, 68.28, 68.32, 68.36, 68.40, 68.44, and 68.46 ...

68.05.210 Proof of applicant's compliance with laws and financial responsibility
The board may require such proof as it deems advisable concerning the compliance by such applicant to all the laws, rules, regulations, ordinances and orders ...

68.05.215 Certificates -- Regulatory charges--Expiration
The regulatory charges for cemetery certificates at all periods of the year are the same as provided in this chapter. All regulatory charges are payable ...

68.05.225 Sales licenses -- Terms -- Fees
All prearrangement sales licenses issued under this chapter shall be issued for the year and shall expire at midnight, the thirty-first day of January of ...

68.05.235 Reports -- Failure to file
(1) Each authorized cemetery authority shall, within ninety days after the close of its accounting year, file with the board an endowment care trust fund ...

68.05.240 Interment, certificate of authority required -- Penalty
It shall be a misdemeanor for any cemetery authority to make any interment without a valid, unsuspended certificate of authority. Each interment shall be a ...

68.05.245 Crematory permits or endorsements -- Terms -- Fees
All crematory permits or endorsements issued under this chapter shall be issued for the year and shall expire at midnight, the thirty-first day of January ...

68.05.254 Examination of endowment funds and prearrangement trust funds
(1) The board shall examine the endowment care and prearrangement trust fund or funds of a cemetery authority: (a) Whenever it deems necessary, but at ...

68.05.259 Payment of examination expenses
If any cemetery authority refuses to pay any examination expenses within thirty days of completion of the examination or refuses to pay certain examination expenses ...

68.05.285 "Cemetery account.
The cemetery account is created in the custody of the state treasurer. All moneys received under this chapter must be deposited in the account. Expenditures ...

68.05.290 Board members' immunity from suits
Members of the board shall be immune from suit in any action, civil or criminal, based upon any official acts performed in good faith as ...

68.05.300 Unprofessional conduct -- Disciplinary action
In addition to the unprofessional conduct described in RCW 18.235.130, the board may take disciplinary action if the cemetery authority: (1) Fails to comply with ...

68.05.310 Prearrangement sales -- Disciplinary action
No cemetery authority whose prearrangement sales license has been the subject of disciplinary action shall be authorized to enter into prearrangement contracts unless specifically authorized ...

68.05.320 Board action against authorities -- Administrative procedures
(1) The board or its authorized representative may issue and serve upon a cemetery authority a notice of charges if in the opinion of the ...

68.05.330 Violation -- Penalty -- Unfair practice -- Other laws applicable
Unless specified otherwise in this title, any person who violates or aids or abets any person in the violation of any of the provisions of ...

68.05.340 Board action against authorities -- Cease and desist orders
Whenever the board or its authorized representative determines that a cemetery authority is in violation of this title or that the continuation of acts or ...

68.05.350 Delaying board action pending administrative proceedings
Within ten days after a cemetery authority has been served with a temporary cease and desist order issued under RCW 68.05.320, the cemetery authority may ...

68.05.360 Board action against authorities -- Hearing location -- Decision -- Review
Any administrative hearing under RCW 68.05.320 may be held at such place as is designated by the board and shall be conducted in accordance with ...

68.05.370 Board action against authorities -- Enforcement of orders
The board may apply to the superior court of the county of the principal place of business of the cemetery authority affected for enforcement of ...

68.05.390 Permit or endorsement required for cremation -- Penalty
Conducting a cremation without a permit or endorsement is a misdemeanor. Each such cremation is a violation.[1987 c 331 § 32.] ...

68.05.400 Exemptions from chapter
The provisions of this chapter do not apply to any of the following: (1) Nonprofit cemeteries which are owned or operated by any recognized religious ...

68.05.430 Uniform regulation of business and professions act
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees ...

68.05.900 Effective date -- 1987 c 331
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public ...